Quizzes & Puzzles14 mins ago
Gbh Section 20 Please Help
i was at at a friends wedding when i fight broke out towards the end of the night. i went outside to see what was happening as someone said my friend was involved. when i got out there i couldn see my friend as he had already left. when i went to make my way back in i was confronted by someone who head butted me so i hit him back in self defence. i then ran off to safety as i felt dizzy from the head butt and i could see other people comin towards this particular scene. im lead to beleive other things happened to the person who head buteed me. i dont who or what happened when i left the scene. i then see my girlfriend and got a taxi straight home. the next day my friend told me his father in law got arrested and i was 99 percent certain he didnt do anything wrong otherwise i would have seen him. this made me feel as if i needed to give a statement in his defence. he then got let of the hook but
since then i have been charged with gbh section 20 as the person who nutted me claimed i kicked him in the head when he was on the floor. which i obviously didnt. apparrently there are 2 people saying i did it and i had to do an id parade. i havent heard from the police to say weather or not i have been picked out but as i have been charged i think i have. in their statements they are sayin there was me and four other people involved but there is only 3 of us goin to court. what can i expect? i hope i dont get accused of something i havent done and i am really worried
since then i have been charged with gbh section 20 as the person who nutted me claimed i kicked him in the head when he was on the floor. which i obviously didnt. apparrently there are 2 people saying i did it and i had to do an id parade. i havent heard from the police to say weather or not i have been picked out but as i have been charged i think i have. in their statements they are sayin there was me and four other people involved but there is only 3 of us goin to court. what can i expect? i hope i dont get accused of something i havent done and i am really worried
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>>>if found guilty what can i expect. this is my first offence
When sentencing 'Section 20' offences, judges have to take into account both 'harm' and 'culpability'.
'Harm' will be regarded as 'low' if the level of injuries sustained by the victim only just fall within those that qualify as 'GBH'. It will be regarded as 'high' if it was life-threatening or resulted in significant permanent disability or scarring. (It will also be regarded as 'high' if the victim was particularly vulnerable or suffered severe psychological problems, or if the attack was prolonged and sustained).
'Provocation' or 'excessive self-defence' can see 'culpability' regarded as 'low' but the use of a 'weapon' (which can include head-butting or kicking with a shod foot) can see it regarded as 'high'.
If BOTH 'harm' and 'culpability' are seen by the court as being 'high', it's a Category 1 offence, with a sentence of between 2 years 6 months and 4 years custody for a first time offender (which can be reduced by up to a third for an early guilty plea).
If ONE of 'harm' or 'culpability' is seen as 'high' (with the other being seen as 'low'), the sentence is one of between 1 and 3 years custody (again with a reduction for an early guilty plea).
If BOTH factors are seen as 'low' the sentence is one of between a 'low level' community order and 51 weeks imprisonment (with reductions for an early guilty plea).
Anyone sentenced to a term of imprisonment of less than 4 years is normally released (on licence) half way through their sentence, or possibly slightly earlier if a tagging scheme is deemed to be appropriate.
Source:
http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf
Having typed all of that lot out, I'll point out that the courts usually do their best to keep first time offenders out of prison, so a custodial sentence would be unlikely if both factors mentioned above are seen as 'low'. Even with one of them being seen as 'high', a suspended sentence is still possible.
Chris
When sentencing 'Section 20' offences, judges have to take into account both 'harm' and 'culpability'.
'Harm' will be regarded as 'low' if the level of injuries sustained by the victim only just fall within those that qualify as 'GBH'. It will be regarded as 'high' if it was life-threatening or resulted in significant permanent disability or scarring. (It will also be regarded as 'high' if the victim was particularly vulnerable or suffered severe psychological problems, or if the attack was prolonged and sustained).
'Provocation' or 'excessive self-defence' can see 'culpability' regarded as 'low' but the use of a 'weapon' (which can include head-butting or kicking with a shod foot) can see it regarded as 'high'.
If BOTH 'harm' and 'culpability' are seen by the court as being 'high', it's a Category 1 offence, with a sentence of between 2 years 6 months and 4 years custody for a first time offender (which can be reduced by up to a third for an early guilty plea).
If ONE of 'harm' or 'culpability' is seen as 'high' (with the other being seen as 'low'), the sentence is one of between 1 and 3 years custody (again with a reduction for an early guilty plea).
If BOTH factors are seen as 'low' the sentence is one of between a 'low level' community order and 51 weeks imprisonment (with reductions for an early guilty plea).
Anyone sentenced to a term of imprisonment of less than 4 years is normally released (on licence) half way through their sentence, or possibly slightly earlier if a tagging scheme is deemed to be appropriate.
Source:
http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf
Having typed all of that lot out, I'll point out that the courts usually do their best to keep first time offenders out of prison, so a custodial sentence would be unlikely if both factors mentioned above are seen as 'low'. Even with one of them being seen as 'high', a suspended sentence is still possible.
Chris
PS: To obtain a conviction, under Section 20, for GBH the prosecution would need to show that he level of injuries sustained by the victim was in line with those listed here:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a15
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a15
buenchico; thank you for the time and effort with your answer. im lead to believe the victim suffered loss of 4 teeth and fractured eye socket. which cat would this fall under?? and how will the court take to the matter when there is only three ppl charged when the victim has said there was 5? it may be possible that the police didnt even get to speak to the other two as they wouldnt even know who me and another person were untill we went to the station of our own back? once again thank you
Those injuries do fall within the definition of 'GBH'.
With regard to the number of people involved:
If a person convicted of GBH is regarded by the court as having taken a leading role in the assault that is likely to place 'culpability' within the 'high' bracket. Conversely, a subordinate role might place 'culpability' into the 'low' category.
Where a group of people come together to commit an offence the principle of 'joint enterprise' can be applied by the court. For example, if two people rob a bank and one of them shoots a cashier dead, BOTH can be charged with murder (even though one of them was unarmed and totally unaware that his co-offender was carrying a real gun). So if it can be proved that you were part of a group seeking to commit an assault, you can be convicted for that assault even if you never struck a blow.
The fact that there is insufficient evidence to prosecute some alleged members of such a group (even if they were actually the ones who committed the assault) doesn't prevent others within the group from being prosecuted.
With regard to the number of people involved:
If a person convicted of GBH is regarded by the court as having taken a leading role in the assault that is likely to place 'culpability' within the 'high' bracket. Conversely, a subordinate role might place 'culpability' into the 'low' category.
Where a group of people come together to commit an offence the principle of 'joint enterprise' can be applied by the court. For example, if two people rob a bank and one of them shoots a cashier dead, BOTH can be charged with murder (even though one of them was unarmed and totally unaware that his co-offender was carrying a real gun). So if it can be proved that you were part of a group seeking to commit an assault, you can be convicted for that assault even if you never struck a blow.
The fact that there is insufficient evidence to prosecute some alleged members of such a group (even if they were actually the ones who committed the assault) doesn't prevent others within the group from being prosecuted.
thank you once again and going by what i have wrote and considering this is my first offence, would you say i will get a custodial sentance if this is my first offence? i havent had a propper meeting with my solicitor at the moment, but at the moment i thinking of pleading not guilty. could you give an opinion on this? the reason i plead not guilty is because i honestly think i acted in self deffence. if i did not hit him when i did then he may have carried on attacking me and like i say, i felt dizzy the moment i hit him so god knows what the outcome would have been if he did manage to hit me again. thank you
any advice people give you on here about sentence will only be a guess, and that's not going to be all that useful to you. You have (necessarily) only given us one side of the story and if i'm honest, people are apt to give the POV that puts them in the best light - you solicitor will be able to advise you much much better. I appreciate you would liek to know, but in all honesty you aren't going to know in advance (for example, the charge might get brought down, or increased before then, new evidence might come to light etc)
my one peice of advice from what you say is that if you didn't do it as you state, then you plead not guilty
my one peice of advice from what you say is that if you didn't do it as you state, then you plead not guilty
Here are the sentencing guidelines for GBH section 20
I think your case would be a cat 2 , so you are looking at 1 year to 18 months jail.
http://
Remember there is a 30% reduction in sentence for an early guilty plea.
I think your case would be a cat 2 , so you are looking at 1 year to 18 months jail.
http://
Remember there is a 30% reduction in sentence for an early guilty plea.
The sentences referred to in my post are specifically for a first-time offender. (Previous offences could see sentencing pushed higher).
As my first link shows the 'starting point' sentence for a Category 3 offence (where both 'harm' and 'culpability' are seen as 'low') is a high-level community order. The judge then has to work up or down from there based upon the circumstances before him.
So most first-time offenders convicted of a Category 3 offence won't go to prison.
If, as Eddie suggests, the judge takes the view that it was a Category 2 offence he must start from a basic of sentence of 18 months and then work up or down from there. However the lowest sentence he is permitted to pass for a Category 2 offence (other than under genuinely exceptional circumstances) is one of 12 months.
So almost everyone convicted of a Category 2 offence goes to prison.
The document I've linked to is exactly what the judge has before him when he considers sentencing. There seems to be little more that I can add.
As my first link shows the 'starting point' sentence for a Category 3 offence (where both 'harm' and 'culpability' are seen as 'low') is a high-level community order. The judge then has to work up or down from there based upon the circumstances before him.
So most first-time offenders convicted of a Category 3 offence won't go to prison.
If, as Eddie suggests, the judge takes the view that it was a Category 2 offence he must start from a basic of sentence of 18 months and then work up or down from there. However the lowest sentence he is permitted to pass for a Category 2 offence (other than under genuinely exceptional circumstances) is one of 12 months.
So almost everyone convicted of a Category 2 offence goes to prison.
The document I've linked to is exactly what the judge has before him when he considers sentencing. There seems to be little more that I can add.
Hi Chris , i am basing my assessment on thinking that the loss of 4 teeth and a fractured eye socket by being kicked in the head is at least a cat 2, especially as the questioner could be seen as the 'leader of a group attack' as there were 5 people involved and 3 charged. I think greenafc is looking at a 12 month sentence . But 30% off for a guilty plea drops it to 9 months then automatic release after 4 1/2 months plus say at least a month on'Tag' could see him out in not much over a month, even less if he has been on remand at all.
A fair summary Eddie but (being a maths graduate) I feel forced to be a bit pedantic regarding your maths!
A one third reduction from a 12 month sentence would result in an 8 month sentence being passed, with 4 months being served (or possibly slightly less if the offender is deemed suitable for a tagging scheme).
A one third reduction from a 12 month sentence would result in an 8 month sentence being passed, with 4 months being served (or possibly slightly less if the offender is deemed suitable for a tagging scheme).
